Privacy Policy
The PRIVACY POLICY of: E Lloyd Kelly (The-poet); (hereinafter referred to as "E Lloyd Kelly (The-poet) and author, Writingelk or simply as; the
poet", Elk, "we", "us" or "our") in the capacities as we may operate a Website/platform,
community or marketplace that helps people find experiences and great products
and services through social interactions, where they can create, list, and
discover unique Experiences from around the world, whether through our website
or links to others.
This
Privacy Policy is intended to inform you about how we treat Personal
Information that we process about you. If you do not agree to any part of this
Privacy Policy you should stop accessing the site and deactivate your account.
DEFINITIONS
"Personal Information" means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in or is likely to come into, the possession of the Data Controller.
WHAT TYPES OF INFORMATION DOES E Lloyd Kelly (The-poet) and author GATHER ABOUT ITS USERS?
1. Information that you give us
We receive, store and process information that you make available to us when accessing or using our Platform and Services. Examples include when you:
1. fill in any form on the Platform, such as when
you register or update the details of your user account, or when you
supply ID verification information;
1a. access or use the Platform, such as to search for, book or
pay for any product or services that may be available (such as but not limited
to shopping), post comments or reviews, or communicate with other users;
1b. link your account on a third party site (e.g. Facebook) to
your E Lloyd Kelly
(The-poet) and author’s account, in which
case we will obtain the Personal Information that you have provided to the
third party site, to the extent allowed by your settings with the third party
site and authorized by you; and.
1c.communicate with E Lloyd Kelly (The-poet) and author
2. Mobile Data
When you use certain features of the Platform, we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.
3. Log Data
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with E Lloyd Kelly (The-poet) and author or logged in to your account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
4. Cookies and other Tracking Technologies
E Lloyd Kelly (The-poet) and author use cookies and other similar technologies, such as mobile application identifiers, on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.
While
you may disable the usage of cookies through your browser settings, we do not
change our practices in response to a "Do Not Track" signal in the
HTTP header from your browser or mobile application. We track your activities
if you click on advertisements for products and services on third-party
platforms such as search engines and social networks, and may use analytics to
track what you do in response to those advertisements.
We may,
either directly or through third party companies and individuals we engage to
provide services to us, also continue to track your behavior on our own
Platform for purposes of our own customer support, analytics, research, product
development, fraud prevention, risk assessment, regulatory compliance,
investigation, as well as to enable you to use and access the Platform and pay
for your activities on the Platform. We may also, either directly or through
third party companies and individuals, we engage to provide services to us,
track your behavior on our own Platform to market and advertise our services to
you on the Platform and third party websites. Third parties that use cookies
and other tracking technologies to deliver targeted advertisements on our
Platform and/or third party websites may offer you a way to prevent such
targeted advertisements by opting-out at the websites of industry groups such
as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital
Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to
control advertising cookies provided by publishers, for example, Google's Ad
Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if
you choose to opt-out of receiving targeted advertising, you may still receive
advertising on or about the Platform – it just will not be tailored to your
interests.
Third parties may not collect information about users' online activities on the Platform except as described in this policy
Third parties may not collect information about users' online activities on the Platform except as described in this policy
5. Third-party social plugins
Our Platform may use social plugins which are provided and operated by third-party companies, such as Facebook's Like Button.
As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
Please refer to the third party's privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.
HOW WE PROCESSES AND USE THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
We use, store and process Information about you for the following general purposes:
1. (a). to enable you to access and use the
Platform;
1. (b), to operate, protect, improve and optimize
the Platform, E Lloyd Kelly
(The-poet) and author's business, and our
users' experience, such as to perform analytics, conduct research, personalize
or otherwise customize your experience, and for advertising and marketing;
1. (C, to help create and maintain a trusted and
safer environment on the Platform and Services, such as fraud detection and
prevention, conducting investigations and risk assessments, verifying the
address of your listings, verifying any identifications provided by you, and
conducting checks against databases such as public government databases;
1. (d), to send you service, support and
administrative messages, reminders, technical notices, updates, security
alerts, and information requested by you;
1. (e). Where we have your consent, to send you
marketing and promotional messages and other information that may be of
interest to you, including information about E Lloyd Kelly (The-poet) and author or general promotions for partner campaigns
and services. You can unsubscribe or opt-out from receiving these
communications in your account settings
2. to administer referral programs, rewards,
surveys, sweepstakes, contests, or other promotional activities or events
sponsored or managed by E Lloyd Kelly (The-poet) and author or our business partners; and
1. To comply with our legal obligations, resolve
any disputes that we may have with any of our users, and enforce our agreements
with third parties.
How “WE,” E Lloyd Kelly (The-poet) and author USES AND PROCESSES USER COMMUNICATIONS
We may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraud such as but not limited to; actors from asking Users/Guests to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that E Lloyd Kelly (The-poet) and author in his sole discretion, may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
WHEN E Lloyd Kelly
(The-poet) and author DISCLOSES OR SHARES PERSONAL INFORMATION, AND
TO WHOM
IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries
We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area ("EEA") including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
Your Personal Information may be disclosed as follows:
IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries
We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area ("EEA") including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
Your Personal Information may be disclosed as follows:
1. (a), parts of your public profile page that
contain some Personal Information may be displayed in other parts of the
Platform to other users for marketing purposes or to the extent necessary to
operate and manage referral and rewards programs.
1. (b), your public Listing page will always
include some minimum information such as the city and neighborhood where you
are located, your listing description, your calendar availability, your public
profile, and photo. Your public Listing page may also include aggregated demand
information (such as the number of page views over a period of time). Parts of
your public Listing page may be displayed in other parts of the Platform to
other users for marketing purposes. The Platform may also display the
Accommodation's approximate geographic location on a map, such that a user can
see the general area of your residence.
1. (c, the Platform may allow your public profile
and public Listing pages to be included in search engines, in which case your
public profile and public Listing pages will be indexed by search engines and
may be published as search results.
If you change your settings or the information on your public profile or public listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public listing pages.
If you change your settings or the information on your public profile or public listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public listing pages.
2. E Lloyd Kelly (The-poet) and author will ask you to review the Site or the
Services we provide. If you choose to provide a review, your review may be
public on the Platform.
6 You may link your account on a third party social networking site to your E Lloyd Kelly (The-poet) and author account. We refer to a person's contacts on these third-party sites as "Friends". When you create this linkage:
- some of the information you
provide to us from the linking of your accounts may be published on your
account profile;
- your activities
on the Platform may be displayed to your Friends on the Platform and/or
that third party site;
- other E Lloyd Kelly (The-poet) and author users may be able to see any common Friends that
you may have with them, or that you are a Friend of their Friend if
applicable;
- other E Lloyd Kelly (The-poet) and author users may be able to see any schools, hometowns
or other groups you have in common with them as listed on your linked
social networking site(s); and
- The information you provide to
us from the linking of your accounts may be stored, processed and
transmitted for fraud prevention and risk assessment purposes.
The publication and display of information that you provide to E Lloyd Kelly (The-poet) and author through this linkage, is subject to your settings and authorizations on the Platform and the third party site.
7. We
may distribute parts of the Platform (including your Listing) for display on
sites operated by E Lloyd Kelly (The-poet) and author's business partners and
affiliates, using technologies such as HTML widgets. If and when your Listings
are displayed on a partner's site, information from your public profile page
may also be displayed.
8. We
may allow our related entities such as our subsidiaries, and their employees,
to use and process your Personal Information in the same way and to the same
extent that we are permitted to under this Privacy Policy. These related
entities comply with the same obligations that we have to protect your Personal
Information under this Privacy Policy.
9. We
may also engage third party companies and individuals, who may be located in
various regions other than USA & Canada, to provide services to us,
including but not limited to technology services and services to help verify
your identification, to conduct checks against databases such as public
government databases (where legally allowed), to otherwise assist us with fraud
prevention and risk assessment, to assist us with customer service, and to
facilitate the payments or reimbursements you request (such as Concur and
American Express, etc.) We may provide Personal Information about you to these
third parties, or give them access to this Personal Information, for the
limited purpose of allowing them to provide these services. We will ensure that
such third parties have contractual obligations to protect this Personal
Information and to not use it for unrelated purposes.
10. You
acknowledge, consent and agree that E Lloyd Kelly (The-poet) and author may access, preserve and
disclose your account information and Collective Content if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary to (a) respond to claims asserted against us; (b) to
comply with legal process (for example, subpoenas and warrants); (c) to enforce
and administer our agreements with users, such as the Terms of Service and,
this Privacy Policy, (d) for fraud prevention, risk assessment, investigation,
customer support, product development and debugging purposes; or (e) to protect
the rights, property or personal safety of E Lloyd Kelly (The-poet) and author, its users or members of the public. We will
use commercially reasonable efforts to notify users about law enforcement
requests for their data unless:
11. Providing
notice is prohibited by the legal process itself, by court order we receive, or
by applicable law; or
- based on information supplied
by law enforcement, we, in our sole discretion, believe: (a) that
providing notice could create a risk of injury or death to an individual
or group of individuals, (b) that the case involves potential harm to
minors, or (c) that harm or fraud could be directed to E Lloyd Kelly (The-poet) and author, its Members, the Platform, or Services.
We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing, and advertising, and other business purposes.
BUSINESS
TRANSFERS BY E Lloyd Kelly (The-poet).
If E Lloyd Kelly (The-poet) and author undertake or is involved in any merger, acquisition, reorganization, the sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.
If E Lloyd Kelly (The-poet) and author undertake or is involved in any merger, acquisition, reorganization, the sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.
HOW TO
CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR ACCOUNT
You may
review, update, correct or delete the Personal Information in your account. If
you would like to correct your information or cancel your account entirely, you
can do so by logging in to your account. Please also note that any reviews,
forum postings and similar materials posted by you may continue to be publicly
available on the Platform in association with your first name, even after your
account is canceled.
SECURING
YOUR PERSONAL INFORMATION
We are
continuously implementing and updating administrative, technical, and physical
security measures to help protect your Personal Information against
unauthorized access, destruction or alteration. However, no method of
transmission over the Internet and no method of storing electronic information
can be 100% secure. So, we cannot guarantee the absolute security of your
transmissions to us and of your Personal Information that we store.
YOUR
PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
The
Platform will contain links to other websites not owned or controlled by
us. E Lloyd
Kelly (The-poet) and author do not have any control over third party websites.
These other websites may place their own cookies, web beacons or other files on
your device, or collect and solicit Personal Information from you. They will
have their own rules about the collection, use, and disclosure of Personal
Information. We encourage you to read the terms of use and privacy policies of
the other websites that you visit.
SPECIAL
FEATURES AND PROGRAMS
Referral
service and requesting references
The
Platform may provide a referral service that allows you to invite your friends
and contacts to use the Platform. The Platform may also allow you to ask your
friends and contacts to write a reference for you, to be published on your
profile.
We may
integrate the Platform with third-party sites such as Facebook so that you can
send invitation messages or requests for references via the third party site
itself. These messages will be sent by the third party site, and we do not
collect or retain the contact information that is used to send them.
You may
also choose to send invitation/request emails via the Platform itself, in which
case we will ask you for the contact information to which to send your
invitation/request. You can type in the email addresses or other contact
information manually, or you can choose to import the contacts in your address
book(s). In both cases, we may use and store this information for the sole
purposes of allowing you to send your friends and contacts an invitation or
request for a reference, and for fraud detection and prevention. With respect
to referrals, we will also store the email addresses of your invitees to track
if your friend joins E Lloyd Kelly (The-poet) and author in response to your referral.
If you
request us to import your contacts, we will collect, but not store, the
username and password for the email account you wish to import your contacts
from. We will use this information only for the purpose of importing your
contacts.
Where
you are staying to another meetup user.
Groups
The
Platform may allow registered account holders to participate in online
discussion forums ("Group(s)") in selected cities.
If you
join a Group, then your membership in the Group, as well as some of your public
information (such as your profile picture and public profile page), will be
visible to users who browse the Group. If you publish postings in a Group, then
your postings will be visible to such users as well. The ability to browse the
Group will depend on the Group settings, and it may or may not be limited to
members of that Group.
CHANGES
TO THIS PRIVACY POLICY
We may
change how we collect and then use Personal Information at any time and without
prior notice, at our sole discretion. We may change this Privacy Policy at
any time. If we make material changes to the Privacy Policy, we will notify you
either by posting the changed Privacy Policy on the Platform or by sending an
email to you. We will also update the "Last Updated Date" at the top
of this Privacy Policy. If we let you know of changes through email
communication, then the date on which we send the email will be deemed to be
the date of your receipt of that email.
It's
important that you review the changed Privacy Policy. If you do not wish to
agree to the changed Privacy Policy, then we will not be able to continue
providing the Platform and Services to you, and your only option will be to
stop accessing the Platform and Services and deactivate your account. If
applicable.
Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE
IS AT YOUR SOLE RISK. NEITHER E Lloyd Kelly
(The-poet) and author, HIS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR
MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C.
IN NO EVENT WILL E Lloyd Kelly
(The-poet) and author, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE
CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND
CONTENT ON THE WEBSITE.
APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL E Lloyd Kelly
(The-poet) and author, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT E Lloyd Kelly (The-poet) and author, IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
Indemnification.
You agree to defend, indemnify and hold
harmless E Lloyd Kelly (The-poet) and author and his affiliates and their respective directors,
officers, employees and agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and expenses (including reasonable
attorneys' fees) arising out of your use of the Service.
Disclaimers
No
Warranty
The information
provided by our services is provided "AS IS" with all faults. While
we believe the information to be correct when posted on our sites or services,
neither us, our affiliates nor any third party owner, licensor or supplier of
equipment, software, systems, services or facilities (the "Systems")
used or made available in connection with the information used or made available
through our services, makes us liable for any representation, warranty or
condition, whether express or implied, concerning the Systems or Data or the
use thereof, including, without limitation, that (1) the Systems or Data will
meet your needs, will be of a merchantable quality and fitness for use at any
particular time or for any particular purpose or will be error free, or (ii)
the Systems or Data is up-to-date, accurate, in sequence, reliable, complete or
suitable for any purpose. Without limiting the foregoing. Further, all express
or implied, direct or indirect, representations, warranties and conditions in
respect of the Systems and Data arising or implied by statute, common law,
custom, usage of trade, course of performance, course of dealing or otherwise,
including, but not limited to, any warranties or conditions are expressly
excluded.
No
Advice.
The services are not
intended to provide legal, accounting or tax advice and should not be relied
upon in that regard. The information in the services is general in nature and
for informational purposes only. You should consult directly with professional
to ensure that your particular circumstances are properly considered.
Copyright
All the Data is
protected by copyright and each supplier of the Data reserves all proprietary
and intellectual property rights therein. You shall not reproduce, retransmit,
disseminate, sell, rent, distribute, publish, broadcast, circulate or
commercially exploit the Data provided through the services in any manner or
furnish it to any other person without our prior written consent of the Service
Provider and the relevant supplier. As a user of our services you shall use the
Data accessible through our services only for your individual use, and shall
indemnify and hold harmless us, our affiliates and each supplier of Data from
any losses or liabilities incurred as a result of your breach of the foregoing
provisions or other misuse of the Data. You agree that these Terms may be
enforced directly against you by each supplier of Data.
Limitation
of Liability
WE ARE NOT LIABLE TO
YOU FOR ANY DELAY, LOSS, DAMAGE OR EXPENSE THAT YOU INCUR OR ANY INCONVENIENCE
WHICH RESULTS FROM OUR PROVIDING OR FAILING TO PROVIDE ANY SERVICE, EXCEPT
WHERE SUCH LOSSES RESULT FROM OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
WE ARE NOT RESPONSIBLE
FOR DAMAGES ARISING FROM YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY,
NOR FOR ANY ACCIDENT, ACT OF AGGRESSION, THEFT, LOSS OR DAMAGE YOU MAY SUFFER
WHILE USING OUR SERVICES. TO THE EXTENT THAT WE MAY BE LIABLE TO YOU, WE WILL
ONLY BE LIABLE FOR DIRECT DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT, EVEN IF WE ARE NEGLIGENT, WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOST PROFITS, LOST OR DAMAGED OR CORRUPTED DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF
OR RELATED TO YOUR USE OF OUR SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE
BASIS OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT OR TORT
EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
IN CONSIDERATION OF
OUR PROVIDING ACCESS TO YOU OF THE SERVICES, YOU SHALL RELEASE EACH SUPPLIER OF
DATA AND ALL RELATED COMPANIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS FROM ALL CLAIMS AND PROCEEDINGS FOR SUCH LOSSES, DAMAGES
OR CONSEQUENCES. WE DISCLAIM ALL LIABILITY FOR ANY THIRD PARTY CONTENT
AVAILABLE THROUGH THE ELECTRONIC SERVICES.
OUR LIABILITY IS
SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION, ANY OTHER SECTION OF THIS
AGREEMENT, AND ANY OTHER APPLICABLE AGREEMENTS.
Service
Interruptions
We and our affiliates
do not guarantee continuous access. From time to time interruptions, errors or
other deficiencies in service may occur which are outside of the control of the
Service Provider, including interruptions in the accessibility of the internet,
a system outage in facilities of a third party service. Neither we nor our
affiliates will be liable for any loss or damage resulting from use of the Services
including but not limited to loss or damage resulting from failure of
electronic or mechanical equipment or communications lines, the internet,
telephone or other inter-connectivity problems, power failure or third party
system failure.
While we strive to service
our clients with great focus on customer satisfaction, and accessible at all
times, it is possible that either the services or documents can from time to
time become temporarily unavailable, and, therefore, you understand and agree
that we are not liable for any losses or damages to you resulting from such
things being unavailable.
No
Solicitation
Information in this
web site is intended to be just that, information. And does not constitute a
solicitation or offer to sell products or services, including those of our
subsidiaries and affiliates. We do not guarantee any results and are not liable
for any loss or missed opportunities resulting from any decision made by you.
Links
Links in this web site
to other web sites or references to products, services or publications other
than ours or those of our affiliates should not be construed as an endorsement,
recommendation or approval of such web sites, products, services or
publications by us or our affiliates, rather, they are solely those of the
third party and not of us nor our affiliates.
We can add or change
the terms and conditions of this document from time to time, with or without
notice. Notice of additional or amended terms and conditions may be given to
you in writing, including but not limited to:
· An electronic notice or message posted on our
website
· A notice mailed to you at your last address in
our records
Your continued use of
the services indicates your acknowledgement that you agree to and accept these
Terms.
You are
responsible, at your own expense, to obtain and maintain all necessary
equipment, software and communication links as required in order to access our
services. You confirm that you have a computer with a secure internet
browser capable of accessing the services.
You should contact us
if you are not able to access our services.
When using this web
site, it is your responsibility to take reasonable precautions to scan for
computer viruses and other items of a destructive nature. You should ensure to
have a complete and current backup of the information on your computer system
prior to using this web site.
You may not assign
your rights under these Terms without the prior written permission of the
Service Provider. These Terms shall be governed by the laws in force in the
Province of Quebec.
If you live in Québec,
you have expressly requested that this document and all notices relating to it
be in English. Au Québec, les parties conviennent et exigent expressément
que ce document ainsi que tous avis émis en vertu de celui-ci ou y rattachant
soient rédigés en anglais.
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